CC Filed on 09.08.2010<br /> Disposed on 12.11.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 12th day of November 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 158/2010<br /> <br /> Between:<br /> <br /> <br /> BEML Employees Credit <br /> Co-operative Society (Regd.),<br /> Maharaja Road,<br /> Robertsonpet,<br /> Kolar Gold Fields.<br /> <br /> Represented by its:<br /> Secretary. <br /> <br /> <br /> V/S<br /> <br /> <br /> 1. Sri. K. Bhadrappa,<br /> District Leprosy Office,<br /> Kolar.<br /> Now working at <br /> Muncipal Hospital,<br /> Market Area,<br /> Kolar.<br /> <br /> <br /> 2. The District Leprosy Officer,<br /> Kolar District,<br /> Kolar.<br /> <br /> 3. The Medical Officer,<br /> Muncipal Hospital,<br /> Market Area,<br /> Kolar. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party No.2 to effect prompt deduction of the loan installments as undertaken by him and to credit the same to complainant-society with costs, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant is a credit co-operative society and OP.1 who is working as a government servant, is an associate member of complainant-society and that OP.1 had borrowed Rs.40,000/- on 17.12.2005 while he was working under OP.2 agreeing to repay the loan and interest in 64 monthly installments of Rs.1,200/- and in default agreeing to pay overdue interest at one and a quarter time the ordinary rate of interest from the due date to the date of regularization of payment. Further that OP.1 was working under OP.2, who was Pay Disbursing Officer and that the said officer had undertaken to deduct the installments becoming due out of the salary payable to OP.1 and to remit the same to complainant-society and that he failed to deduct the said installments as undertaken and to remit to complainant-society and that he had also undertaken to instruct the subsequent Pay Disbursing Officer to effect the deduction in the event of the transfer of OP.1 to any other place. It is made out that for the present OP.1 has been working under OP.3, who is the present Pay Disbursing Officer. It is made out that OP.2 or OP.3 has not effected deduction of installments and that OP.1 has also failed to repay the loan and the installments. It is alleged that for the present certain amount is outstanding in the said loan account of OP.1. <br /> <br /> 3. The notices issued by this Forum were served on OP.1 and 2 and OP.2 remained absent. OP.1 appeared and submitted that for the present he is now working under OP.3 and admitted the borrowing of loan and condition regarding repayment as alleged in the complaint. Further OP.1 submitted that because of his personal difficulties he could not make payments towards installments. OP.1 further submitted that from November 2010 till March 2011 a sum of Rs.500/- per month may be deducted from his salary and thereafter the installment as agreed may be deducted and he also submitted that if possible he would pay the entire dues subsequent to March 2011. <br /> <br /> 4. The complainant was asked whether it was agreeable for the proposal made by OP.1. The complainant agreed for the said proposal. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP.3 is directed to deduct Rs.500/- per month out of the monthly salary payable to OP.1 from November 2010 to March 2011 and thereafter deduct Rs.1,200/- per month from April 2011 till the closure of the loan and to credit the same to complainant-society till the closure of loan. The parties shall bear their own costs. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 12th day of November 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />